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To: aimhigh
BYBEE, Circuit Judge:
Cliven Bundy, two of his sons, Ryan and Ammon Bundy, and sixteen other persons were charged with obstructing federal law enforcement officials carrying out lawful court orders. The indictments followed a well-publicized effort by the Bureau of Land Management (BLM) to impound Cliven Bundy’s cattle for a twenty-year failure to pay federal grazing fees. Bundy and hundreds of armed supporters from around the United States forced federal officials to abandon the impoundment plan.

Fortunately, no one was injured in the confrontation. Days into the Bundys’ trial, the government began disclosing information in its possession that, under Brady v. Maryland, 373 U.S. 83 (1963), was arguably useful to the defense and should have been produced to the defendants well before trial. As additional documents came forth, the district court held a series of hearings, eventually deciding that the trial could not go forward and that the indictments must be dismissed with prejudice. Under Brady, “[t]he prosecution is trusted to turn over evidence to the defense because its interest ‘is not that it shall win a case, but that justice shall be done.’” Amado v. Gonzalez, 758 F.3d 1119, 1133–34 (9th Cir. 2014) (quoting Strickler v. Greene, 6 UNITED STATES V. BUNDY 527 U.S. 263, 281 (1999)).

A district court is imbued with discretion in the supervision of proceedings before it and may dismiss an action when, in its judgment, “the defendant suffers substantial prejudice and where no lesser remedial action is available.” United States v. Chapman, 524 F.3d 1073, 1087 (9th Cir. 2008) (citations and quotation marks omitted). Finding no abuse of discretion, we affirm the judgment of the district court.

2 posted on 08/06/2020 11:34:42 AM PDT by aimhigh (THIS is His commandment . . . . 1 John 3:23)
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To: aimhigh

Must have been a tough decision for the 9th. Conservative, Pro-2A ranchers vs BLM, two parties they hate.


4 posted on 08/06/2020 11:39:20 AM PDT by ETCM
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To: aimhigh

Great. Everything worked out in the end, despite the loon who almost got some Bundy supporters killed.


6 posted on 08/06/2020 11:45:29 AM PDT by SaxxonWoods (Prediction: G. Maxwell will surprise everyone by not dying anytime soon.)
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To: aimhigh
It must have killed them to do the right thing. No pun intended. 😀
46 posted on 08/06/2020 3:46:24 PM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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